Terms and Conditions
1. Purpose of Hire
The Tenant shall be entitled to occupy the Property for holiday purposes only and this agreement shall not confer on the Tenant any security of tenure within the terms of the Housing Act 1988 pursuant to which the occupation shall be deemed to be by way of an excluded tenancy.The Tenant shall not sub-let the premises or any part thereof.
2. Rental Period
All bookings start from the time given on the booking agreement and the Property must be vacated by the expiry time on the day the period ends. Where an arrival time of more or less than 3 hours (either side) from the normal check-in time is requested an additional charge of £20 may be implemented.
3. Deposit/Payment
A non refundable deposit of 30% of the total booking amount is payable when booking, unless the booking is made within 6 weeks of the hire commencement date, when the full amount is payable.
A refundable damage deposit up to £150 per booking is also payable upon each booking. This deposit is refunded approximately 5 days after the date of your departure provided that the property is left in a satisfactory condition. (Please see Section 14 – Damage and Breakages)
If the full balance is not received by the Agent 6 weeks prior to the hire commencement date, the deposit will be forfeited and the Property re-let.
For each booking made there is a booking fee of £18.00 (which includes VAT at 20%)
A 2% surcharge is payable when paying by Credit Card. No charges are payable when paying by Debit Card UK.
Bank transfers can be made to HSBC, Sort Code: 40-19-05 Account Number: 83663035. International Bank Transfers can be made to IBAN: GB57MIDL40190583663035 BIC: MIDLGB2128L
All cheques should be made payable to: Blueriver Cottages and sent to: 5 Anzac Street, Dartmouth, Devon, TQ6 9DL
4. Cancellation
Once a booking deposit has been paid and the booking confirmed in writing, the Tenant is liable for the whole amount of the rent for the period booked.The cancellation policy to be adhered to is: notice of 30 days or more prior to arrival – 10% of total booking; notice period of 14 – 30 days prior to arrival – 50% of total booking; notice period of less than 14 days prior to arrival – full payment. All cancellations must be made in writing.
5. Holiday Insurance
Once booked, the Tenant is liable for the complete Property rental costs. As such, it is strongly recommended that the Tenant take out suitable holiday insurance to cover costs incurred by unexpected holiday cancellation.
6. Availability
The booking is made on the understanding that the Property will be placed at the Tenant’s disposal on the dates agreed. Should this not be possible through fire, theft or circumstances beyond the Agent’s or the Property Owner’s control, the full amount paid by the Tenant will be refunded. However, note that:
a. No alternative accommodation can be provided;
b. The Tenant will not have any claim against the Agent or Property Owner for compensation or expenses.
7. Maximum Occupancy
The maximum occupancy as specified on the property details must be adhered to. If this condition is not observed, the Agent reserves the right to refuse admittance or require that the Tenant vacate the property. In this eventuality, no refund of monies will be due.
8. Amenities
The use of the Property includes electricity, water heating, heating and use of TV. Bed linen and towels are also included in most of our properties and must remain within the property.
9. Pets
If the Property details state that dogs are allowed inside then one to two dogs belonging to the Tenant are welcome on the understanding that the Tenant is totally responsible for their behaviour and well-being, they are always under control, not left unsupervised in the Property and kept off the furniture, including beds. An additional charge of £20 will be made for pets to cover cleaning costs.
10. Smoking
Unless specifically stated, all Properties are strictly non-smoking. The Tenant may not smoke within the Property or allow any member of their party or other invited persons to smoke within the Property. Any breach of this rule will result in the termination of the Tenant’s booking and a request to vacate immediately. All monies paid will be forfeited. Smoking is permitted in the outside areas of the Property; however the Tenant must ensure that all evidence of smoking in the outside areas is removed prior to departure.
11. Cleaning, Rubbish & Recycling
All equipment, utensils, etc. must be left clean, and the Property must be left clean and tidy at the end of the hire period. Suitable cleaning materials will be found within the Property for this purpose. The Agent reserves the right to charge for excess cleaning. Note: It is the Tenant’s responsibility to ensure the safe storage of cleaning materials, particularly in the presence of children. The Tenant must adhere to the rubbish and recycling instructions for the Property. Failure to do so may result in extra charges.
12. Nuisance
The Tenant shall not cause a nuisance of any kind to the Property or to its neighbours.
13. Right of Entry
The Agent reserves the right to enter the Property at any reasonable time, with or without notice, during the Tenant’s period of stay.
14. Damage & Breakages
The Tenant undertakes to keep the Property and all the furniture, fittings and contents in the same state of repair and condition as at the commencement of the letting. All damage, breakages or equipment failure to the Property or its contents must be reported to the Agent as soon as possible. The Agent will arrange to repair the damage as soon as is practical, however there is no guarantee this will be within the period of hire. Damage or breakage caused by act or omission of the Tenant or persons attending the property at the Tenant’s invitation must be repaired or replaced by the Tenant at the Tenant’s expense within 7 days of the cost of repair or replacement being determined and notified to the Tenant. The cost of repair or replacement shall generally be determined within 14 days of notification. Any repair or replacement shall be to the original standard. Should the damage result in another booking being cancelled, the Tenant will be held liable for all consequential losses to the Owner. All breakages are chargeable.
In the case that the Property Owner provides a car park pass, it is the Tenant's responsibility to ensure that the pass is kept safe during the period of the stay and reurned to the property once the period has come to an end. Car park passes are not replaceable and thus, if lost, must be paid for, in full, by the Tenant.
It is the responsibility of the Tenant to ensure that all keys to the Property are kept safe during the period of the stay and are returned to the Property when the period ends. Should the Tenant lose or misplace the keys during the period of the stay, the Agent will levy of charge of £5 per key to cover replacements. The Agent reserves the right to deduct this from the Tenant's deposit should the period have already ended when the loss is discovered.
15. Appliance Breakdown
In the event of a breakdown, the Agent will do everything possible to ensure swift repair/replacement of any appliance provided at the property. However, the Tenant must accept that it may be impossible to deal with every eventuality during the course of a booking period. Where a breakdown is determined to be a direct result of misuse, the Tenant will be required to cover the full cost of repair or replacement.
16. Left Items
The Tenant will be notified of any of the Tenant’s possessions that have been left in the property after it has been vacated. Notice will be made in writing by post or email, generally within fourteen days after the end of the booking period. The Tenant must meet the cost of returning any item and the Agent will also levy a charge of £5.00 to cover handling costs. If the Tenant does not wish for the item to be returned, the Agent will dispose of it as necessary but reserves the right to levy a charge for any items which are hazardous or difficult to dispose of. Please note: any item to be returned will be suitably packed but the Agent accepts no responsibility for loss or damage in transit.
17. Security
The Tenant is responsible for the security of the Property for the duration of the booking period and also immediately after vacation, until such time as the Agent re-enters the Property. The Tenant is expected to take all reasonable care of it. This includes ensuring that the Property is fully secured when leaving it. No windows should be left open and all locks must be secure. Security instructions specific to a property eg. door locking systems etc. must be followed at all times
18. Complaints Procedure
If the Tenant is not entirely satisfied with the accommodation offered, they must contact the Agent immediately, and every effort will be made to resolve the problem. If the situation cannot be resolved to the satisfaction of both parties, the Agent will attend as soon as possible to inspect the property. The Agent will not consider claims for problems notified to them after the hire period has ended.
19. Variation to Descriptions
Every care has been taken to ensure the accuracy of details on the Agent’s literature, advertising, websites, etc. However, changes to the details may be necessary from time to time and the Agent reserves the right to make any changes without notice. Where changes are fundamental to a booking, notification will be made in writing by post or email.
20. Bookings
Bookings should be made in the name of the guest unless being made by a registered company in which case the booking can be made in the company name with a note of the guest name along with valid contact details on the booking.
21. Liability
Death or Injury - Neither the Owner nor the Agency shall be liable for any death or personal injury unless this results from an act of neglect or breach of statutory duty by the Owner or the Agency or any of their employees (providing they were at the time acting in the course of their employment).
Personal Property - You must take all necessary steps to protect your personal property. No liability is accepted by the Owner or the Agency in respect of damage to, or loss of, such personal property except where the damage or loss is caused by any act neglect or breach of statutory duty by the Owner or the Agency or that of any of their employees (providing they were at the time acting in the course of their employment). As the Agency acts only as agent for the Owner, the Agency cannot accept any liability for any act neglect or breach of statutory duty by the Owner or anyone representing, or employed by, the Owner. N.B. Any personal property recovered by the Agency can be forwarded to you for a fee to cover the cost of postage and administration (minimum charge = £10.00).
Call Outs - The Agency reserves the right to charge the Tenant a 'call-out' fee of £25.00 per hr, outside normal working hours, in the event that access must be gained to the Property due to loss of misplacement of keys, or of the property's Key Safe Code (this would be in addition to the cost of replacement keys if the originals cannot be found).
Limitation Of Liability - Except in respect of death or personal injury, if the Owner or the Agency is found liable to you on any basis, the maximum amount the Owner or the Agency will have to pay you is the amount of the Holiday Rental. Neither the Owner nor the Agency shall be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of contract, for any loss of profit or any indirect, special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of the Owner or the Agency, their servants or agents or otherwise) which arise out of or in connection with these Conditions.
Equipment - Every effort is made to ensure all items of equipment described and supplied by Owners are in good working order; however no guarantee is given or liability accepted if breakdowns occur before or during a holiday. Whilst the Agency and/or Owner will endeavour to organise repairs or replacements as quickly as possible, delays inevitably do occur, particularly during the main season.
Nothing in these Conditions affects any liability for death or personal injury caused by the Owner's or the Agency's negligence or for fraudulent misrepresentation, or your statutory rights as a consumer.